1. is provided by You to third-party; or
2. is collected by third party through the Platform; or
3. is collected by Your access of third-party site while using the services on the Platform.
This License Agreement governs your use of Licensed Content and Marks, API licensed to you pursuant to the terms hereto, and any accompanying or related documentation, source code, executable applications and other materials EME determines to provide to you in the development or operation of your website and / or mobile application (â€œDeveloper Platformâ€).
Grant of License
License to Content: Subject to the terms and conditions of this License Agreement and the License Content Usage Guidelines, EME hereby grants you a non-transferable, non-exclusive, revocable, non- sub licensable, royalty-free right and license to (i) use, perform and display (publicly or otherwise) the Licensed Content in your applications (the â€œDeveloper Applicationâ€) on the Developer Platform, and (ii) allow users of the Developer Platform (â€œUsersâ€) to access the Licensed Content using the Developer Applications on the Developer Platform.
Licensed Content: Licensed Content shall include such Service provider or its agent informati on as may be provided by EME at its sole discretion from time to time. The Licensed Content shall be shared with you on a real time basis and you will be permitted to make a maximum of thousand (1000) calls to the API per day to access the Licensed Content. EME hereby reserves the right to modify, change, or delete any of the Licensed Content and API, including but not limited to alter, modify, change or delete the terms of this License Agreement, from time to time, at its sole discretion. Further, any modification, change or deletion made by EME to the Licensed Content, API or this License Agreement shall be applicable to you.
Attribution: All content pages which contain Licensed Content will have a â€˜Powered by EMEâ€™ attribution as described in the Trademark Use Guidelines. Each website content page will have a do-follow link to www.myemeapp.com, which link will open www.myemeapp.com in a new window. Each mobile app content page will have a link to open the EME mobile app or, if the EME app is not installed, to the mobile deviceâ€™s app store (e.g., Google Play or Appleâ€™s App Store).
Obligations of Developer
1. Developer Platform: You are responsible for all costs and expenses related to the Developer Application, the Developer Platform, and the integration of the API and/ or the Licensed Content (as applicable) therein.
3. Credentials: You will be provided with the API credentials, which will be in the form of a secure electronic key provided by EME. You shall not share API key with any third party and shall keep the API key safe and secure. You shall only use the API key for the Developer Applications. EME reserves the right to (a) issue new API keys to you from time to time; and (b) suspend your API key at its sole discretion. In the event you are unable to access the API with your existing API key, please contact EME at email@example.com.
4. Reporting: You will immediately report any security flaws in the API or the Licensed Content or infringement of Marks, and any actual or suspected unauthorized access to the API.
5. No Modification of Licensed Content: You shall not modify or edit Licensed Content except for formatting changes solely for the purpose of integrating the Licensed Content into the Developer Application, provided that such modification shall not adversely affect the attribution. 6. Privacy: You shall not violate the privacy rights of any individual or entity.
6. Privacy: You shall not violate the privacy rights of any individual or entity.
7. No Interference or Reverse Engineering: You wonâ€™t attempt to (i) copy, rent, lease, sell, transfer, assign, sublicense, interfere with, modify or disable any features, functionality or security controls of the API and Licensed Content, (ii) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Licensed Content or Marks, or (iii) reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the API.
1. â€œConfidential Informationâ€ means any confidential and/or proprietary information of EME or any of its affiliates disclosed to you, and/or obtained by you through EME under this License Agreement, either directly or indirectly, in writing or orally and whether or not in tangible or fungible form. Notwithstanding the foregoing, it is clarified that Confidential Information does not include any information which you can demonstrate by reasonable evidence: i. is generally known to, and available for use by, the public other than as a result of the breach of this License Agreement or a breach of another obligation to EME of which you are aware; ii. was known to you at the time of receipt of such information from EME without obligation of confidentiality to EME or any third party; or iii. is disclosed to you on a non-confidential basis by a third party; provided, that such third party is not, to your knowledge after due inquiry, bound by an obligation of confidentiality to EME or any of its affiliates with respect to such confidential information.
2. You shall restrict all access to Confidential Information to your authorized personnel on strict a â€œneed to knowâ€ basis and apprise them of the confidentiality requirements. This obligation shall survive the termination of this License Agreement for a period of 1 (one) year. Nothing in this policy will prevent you from disclosing Confidential Information where it is required to be disclosed by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceeding or claim or otherwise by applicable law (provided, however, that you use reasonable efforts to provide notice of such disclosure to EME and the opportunity for EME to seek a protective order to guard the confidentiality of the disclosed confidential information).
3. During the validity of this License Agreement and for a period of 1 (one) year following expiration or termination hereof, you will not directly or indirectly make or publish any statement or do anything which might reasonably be expected to damage the reputation or any other business interests of EME.
This License Agreement is on a â€œprincipal to principalâ€ basis and the Parties are independent of each other and nothing contained herein is intended to or shall be deemed to create any partnership, joint venture, employment or relationship of principal and agent between the Parties hereto or between EME and you and if applicable your representatives and employees or between you and the representatives and employees of EME or to provide either of the Parties with any right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party.
1. You will indemnify and hold harmless EME, its affiliates and network partners, and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) with respect to any third party claim relating to or arising out of: (a) your use of any Licensed Content in a manner inconsistent with the terms of this License Agreement; (b) your breach of this License Agreement, (c) breach of any applicable laws, regulations, or ordinances; (d) the Developer Platform or (e) the Developer Applications. EME will: (i) promptly notify you of such claim (provided, however, that a failure to provide such notice shall not limit your indemnification obligation hereunder except to the extent that you are materially prejudiced thereby) and (ii) permit you to participate in the defense of any such claim at its expense, with counsel reasonably acceptable to EME.
2. Limitation of Liability: IN ADDITION TO YOUR LIABILITY FOR BREACH OF THE TERMS OF THIS AGREEMENT YOU SHALL BE LIABLE FOR BREACHES OF CONFIDENTIALITY, YOUR USE OF THE LICENSED CONTENT, IN A MANNER INCONSISTENT WITH THE TERMS OF THIS LICENSE AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED EMEâ€™S LIABILITY UNDER THIS LICENSED AGREEMENT SHALL NOT EXCEED INR 500. FURTHER, IN NO EVENT SHALL YOUR LIABILITY BE LIMITED UNDER THIS LICENSED AGREEMENT. The Parties agree that the mutual agreements made in this policy reflect a reasonable allocation of risk. Any claim arising out of or relating to this License Agreement must be brought by the later of 2 (two) days following the occurrence of the event giving rise to such claim or 1 (one) day following discovery of such claim.
EME reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice or liability, to change, suspend or discontinue the API, Licensed Content and/or suspend or terminate your rights under this Licensed Agreement to access, use and/or display (as applicable) the API, and/or any Licensed Content.
1. Any termination of this License Agreement shall also terminate the licenses granted hereunder. Upon termination of this License Agreement for any reason, you will promptly stop all calls to the API and stop using, and either return to EME or destroy and remove all copies of the Licensed Content, Marks, API Key and any Confidential Information in your possession. Upon such termination or early expiration, EME reserves the right to suspend the API key without notice to you.
2. Notwithstanding the above, the provisions of this License Agreement regarding confidentiality and indemnification and all obligations of Parties arising prior to the expiration or termination of this License Agreement shall survive the expiration or termination of this License Agreement.
Governing Law and Jurisdiction
The validity, construction and performance of this License Agreement shall be governed by, and construed and enforced in accordance with, the laws of India. Any dispute or difference whatsoever arising between the parties out of or relating to the construction, meaning, scope, operation or effect of this agreement or the validity or the breach thereof shall be settled by arbitration in accordance with the Rules of International Commercial Arbitration of the Indian Council of Arbitration and the award made in pursuance thereof shall be binding on the parties. The Parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
EME MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE EME SITE, THE API, THE LICENSED CONTENT AND EME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO EME, THE EME SITE, THE API, THE LICENSED CONTENT, AND THE MARKS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. EME DOES NOT WARRANT THAT USE OF THE API WILL BE UNINTERRUPTED OR ERROR-FREE .
Any delay in or failure of performance by EME under this License Agreement will not be considered a breach of this License Agreement and will be excused to the extent caused by any occurrence beyond its reasonable control, including, but not limited to, acts of God, power outages, failures of the Internet, failures of banking or any other unforeseeable event.
You and EME will each comply with all laws, rules and regulations, if any, applicable in connection the performance of their respective obligations under this License Agreement.
1. If any covenant or provision is adjudged by a court of competent jurisdiction to be unenforceable, invalid or otherwise contrary to law, such covenant or provision will be interpreted so as to best accomplish its intended objectives and shall be enforced as so modified, and the remaining covenants and provisions will remain in full force and effect. The invalidity or unenforceability of any such covenant or provision in one jurisdiction shall not invalidate or render unenforceable such covenant or provision in any other jurisdiction.
2. This License Agreement may be amended by EME, at its sole discretion from time to time and shall be applicable to your usage of the Licensed Content under this Agreement.
3. The Parties agree that any material breach of the policy of this License Agreement shall cause irreparable harm to EME, for which monetary damages would not be an adequate remedy, and shall be the basis for specific performance or injunctive relief (without any requirement to post bond).
4. This License Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof.
5. The failure to require performance of any provision will not affect a partyâ€™s right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself or of any subsequent breach of such provision.
6. Nothing in this License Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this License Agreement on any persons other than the parties to it and their respective successors and permitted assigns, nor is anything in this License Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this License Agreement, nor shall any provisions give any third persons any right of subrogation or action over and against any party to this License Agreement.
7. The parties agree that EME may assign any of its rights or transfer by novation any of its rights and obligations under this License Agreement to any of its affiliates or to any acquirer of substantially all of its business without notice to you or your consent. You may not assign your rights and obligations under this License Agreement without the prior written consent of EME, which consent shall be at the discretion of EME and may also be subject to conditions as deemed appropriate by EME.
8. A party will not be bound to comply with any provisions of this License Agreement if such compliance would be in contravention or contradictory to applicable law. In such a circumstance such party will inform the other immediately and take necessary steps to comply with applicable law.
9. All restrictive covenants contained in this License Agreement shall survive the termination of this License Agreement.
10. Should you have any question with regard to this License Agreement or would like to report any violations of this License Agreement, please contact firstname.lastname@example.org.
1. collects from You when You register on the Platform, such as Your name, electronic mail address, password, phone number, survey responses, posts, reviews, feedback, bookings, User records and other details;
2. collects from You when You transact on the Platform;
3. collects from You related to the manner and mode of payment of fees for the use of the Platform, such as details of Your bank account, credit card, debit card, net banking, etc.;
4. stores regarding Your content, received or initiated using the Platform, including but not limited to, IVR content and call recordings;
5. collects when You invite others to use the Platform; and
6. automatically receives and records on its server logs from Your internet browser, including but not limited to, Your IP address, location, cookie information and details of the web pages You request/visit, Your preferences and settings such as time zone and language, Your searches and the results You selected from the search.
All information disclosed by you shall be deemed to be disclosed willingly and without any coercion. No liability pertaining to the authenticity or genuineness or misrepresentation or fraud or negligence of the information disclosed shall lie on EME nor will EME in any way be responsible to verify any information obtained from you.
All information gathered by EME shall be stored on servers, log files and any other storage systems owned by the Company or by third parties. Additionally, information may be stored on EMEâ€™s servers, hard drives, hard copies, etc.
Purpose and Usage of Information
You agree that your information may be collected by EME for a lawful purpose and to facilitate your use of the Platform and for such time as is necessary to achieve such purposes.
The information gathered by EME, may be used for the following purposes:
1. to provide You with access to its Platform and services provided through the Platform;
2. to maintain, develop, protect and improve the services provided through the Platform, manage Your account, etc.;
3. to understand Your preferences and to enhance and customize Your experience of using the Platform;
4. to resolve complaints raised by You and to respond to Your comments, reviews and questions and provide better service;
5. to carry out EMEâ€™s obligations and enforce EMEâ€™s rights arising from any contracts entered into between You and EME, including for billing and collection of amounts;
6. to communicate important notices or changes in the services provided by EME, use of the Platform and the documents/policies which govern the relationship between You and EME;
7. for internal purposes such as auditing, data analysis and research relating to the Platform or Platform services;
8. for promotion and marketing purposes;
9. for sharing such information with any third party, including any registered service providers and any group companies of EME, in the course of providing the Platform services; and
10 For any other purpose with your consent
Disclosure of Information
EME may need to disclose your information, if required to do so by law and if such action is necessary inter -alia to:
1. comply with a legal obligation;
3. protect the personal safety of EME, the Users, or any person, in an emergency; and
4. Protect EME from incurring any legal liability.
In such an event EME shall be under no obligation to inform you or seek your approval or consent.
EME shall be at liberty to disclose your information (aggregated or de-identified or personal or non-personal) to:
1. any third party to facilitate the provision of services through the Platform;
2. any Third Party Site (defined hereunder), if You have agreed to receive their promotional material;
3. any third parties who provide services, such as data collection, reporting, site analytics, and assistance with delivery of relevant marketing messages and advertisements;
4. any subsidiary or affiliate, and to a third party if EME sells, transfers or divests all or a portion of EMEâ€™s business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding; and
5. Any third-party vendors, consultants, and other service providers who work for EME.
EME shall, at all times, strive to achieve the security and confidentiality of the information as per industry standards. EME, through various internal audits and checks, makes reasonable efforts to ensure that there is no unauthorized collection, receipt, storage, processing, and disclosure, transfer, dealing with and handling of your information.
You agree that EME, its subsidiaries, affiliates and third parties engaged by it, may retain your information and use it in any manner in order to comply with its contractual obligations and other obligations under applicable law.
When payment card account information is being transmitted on or through the Platform, it will be protected by encryption technology. You expressly consent to the sharing of your information with third party service providers, including payment gateways, to process payments and manage payment card information. EME does not itself store your payment card account information, and does not have direct control over or responsibility for your payment card account information. Hence, EME cannot guarantee that transmissions of your payment card account information or personal information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by EME or EMEâ€™s third party service providers. EME assumes no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third party access, or other causes beyond its control. You play an important role in keeping your personal information secure. You shall not share your user name, password, or other security information for your account with anyone.
Most web browsers are set to accept cookies by default. The nature of EME’s services is such that disabling cookies or other forms of identification methodologies, will lead to unpredictable behaviour and likely broken experience of The Platform. As such, if you wish to not be tracked by cookies, the only option is to not use The Platform.
Should you desire to opt out of disclosing your information to EME, EME requests you to close Your User account and stop accessing the Platform and the services on the Platform. Please note that given the transactional nature of The Platform, EME will retain past data about you.
The subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
For All Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN TWENTY FOUR HOURS (24) AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.